European Communities (Environmental Impact Assessment) Regulations, 1989.

• Date: 19 December 1989
• Statutory Instrument No.: 349/1989

S.I. No. 349 of 1989.
EUROPEAN COMMUNITIES (ENVIRONMENTAL IMPACT ASSESSMENT) REGULATIONS, 1989.
CONTENTS
PART I
PRELIMINARY AND GENERAL
Article
1. Citation.
2. Commencement.
3. Interpretation.
PART II
AMENDMENT OF LOCAL GOVERNMENT (PLANNING & DEVELOPMENT) ACTS, 1963 TO 1983
4. Definitions for Part II.
5. Amendment of section 2 of Act of 1963.
6. Amendment of section 4 of Act of 1963.
7. Amendment of section 25 of Act of 1963.
8. Amendment of section 26 of Act of 1963.
9. Amendment of section 41 of Act of 1963.
10. Amendment of section 78 of Act of 1963.
11. Amendment of section 20 of Act of 1976.
PART III
AMENDMENT OF OTHER ENACTMENTS
12. Amendment of Public Health (Ireland) Act, 1878.
13. Amendment of Foreshore Act, 1933.
14. Amendment of Air Navigation and Transport Act, 1936.
15. Amendment of Water Supplies Act, 1942.
16. Amendment of Arterial Drainage Act, 1945.
17. Amendment of Harbours Act, 1946.
18. Amendment of Fisheries (Consolidation) Act, 1959.
19. Amendment of Petroleum and Other Minerals Development Act, 1960.
20. Amendment of Gas Act, 1976.
21. Amendment of Fisheries Act, 1980.
22. Amendment of Urban Renewal Act, 1986.
PART IV
ENVIRONMENTAL IMPACT ASSESSMENT OF CERTAIN DEVELOPMENT BY STATE AUTHORITIES
23. Environmental impact assessment of certain development by State authorities.
PART V
MISCELLANEOUS
24. Specified development.
25. Specified information to be contained in an environmental impact statement.
26. Saver for certain development.
FIRST SCHEDULE
Development for the purposes of these Regulations.
SECOND SCHEDULE
Information to be contained in an environmental impact statement.
S.I. No. 349 of 1989.
EUROPEAN COMMUNITIES (ENVIRONMENTAL IMPACT ASSESSMENT) REGULATIONS, 1989.
The Minister for the Environment, in exercise of the powers conferred on him by section 3 of the European Communities Act, 1972 (No. 27 of 1972) and for the purpose of giving effect to the Council Directive of 27 June, 1985 (No. 85/337/EEC, O.J. No. L175/40, 5 July, 1985), hereby makes the following Regulations:—
PART I PRELIMINARY AND GENERAL
	1 Citation.	1. These Regulations may be cited as the European Communities (Environmental Impact Assessment) Regulations, 1989.
	2 Commencement.	2. (1) These Regulations shall come into operation on the 1st day of February, 1990.
(2) Where these Regulations provide for the amendment of an enactment, such enactment shall, notwithstanding any provision of the enactment as to commencement, have effect on and from the coming into operation of these Regulations.
	3 Interpretation.	3. (1) In these Regulations:—
"Council Directive" means the Council Directive of 27 June, 1985 (No. 85/337/EEC, O.J. No. L175/40, 5 July, 1985) on the assessment of the effects of certain public and private projects on the environment;
"environmental impact statement" means a statement, prepared in accordance with a requirement of or under any enactment (including these Regulations), other than the European Communities (Environmental Impact Assessment) (Motorways) Regulations, 1988 ( S.I. No. 221 of 1988 ), of the effects, if any, which proposed development, if carried out, would have on the environment.
(2) In these Regulations, save where the context otherwise requires:—
( a ) any reference to a Part or Schedule which is not otherwise identified is a reference to a Part or Schedule of these Regulations,
( b ) a reference to any enactment shall be construed as a reference to that enactment as amended or adapted by any subsequent enactment, including these Regulations.
PART II AMENDMENT OF LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACTS, 1963 TO 1983
	4 Definitions for Part II.	4. In this Part:—
"the Act of 1963" means the Local Government (Planning and Development) Act, 1963 (No. 28 of 1963);
"the Act of 1976" means the Local Government (Planning and Development) Act, 1976 (No. 20 of 1976).
	5 Amendment of section 2 of Act of 1963.	5. Subsection (1) of section 2 of the Act of 1963 is hereby amended by:—
( a ) the insertion after the definition of "car park" of the following definition:
"'Council Directive' means the Council Directive of 27 June, 1985 (No. 85/337/EEC, O.J. No. L175/40, 5 July, 1985) on the assessment of the effects of certain public and private projects on the environment, and any Directive amending or replacing that Directive;";
( b ) the insertion after the definition of "development plan" of the following definition:
"'environmental impact statement' means a statement of the effects, if any, which proposed development, if carried out, would have on the environment;".
	6 Amendment of section 4 of Act of 1963.	6. Section 4 of the Act of 1963 is hereby amended by the insertion of the following subsection after subsection (3) of that section:—
"(4) ( a ) The Minister may, in connection with the Council Directive, prescribe development or classes of development for the purposes of this subsection.
( b ) Notwithstanding paragraph (a) of subsection (1) of this section, development which is prescribed for the purposes of this subsection shall not be exempted development.".
	7 Amendment of section 25 of Act of 1963.	7. Section 25 of the Act of 1963 is hereby amended by:—
( a ) the substitution for paragraph (cc) of subsection (2) of the following paragraph:
"(cc) in connection with the Council Directive—
(i) the submission to the planning authority, in the case of specified applications or classes of applications, of an environmental impact statement in respect of the development to which the application relates,
(ii) enabling planning authorities to require, in the case of specified applications or classes of applications, the submission by the applicant of an environmental impact statement in respect of the development to which the application relates,
(iii) the information to be contained in an environmental impact statement,
(iv) the determination by planning authorities, for the purposes of dealing with applications, of the adequacy of information contained in environmental impact statements,
(v) the making of submissions or observations to the planning authority by persons other than the applicant in relation to the effects on the environment of development in respect of which the authority has received an environmental impact statement,
(vi) the making available for purchase of copies of environmental impact statements,
(vii) requiring the giving of notice by planning authorities of any application in respect of development which is likely to have significant effects on the environment in another Member State of the European Communities,";
( b ) the insertion after subsection (2) of the following subsections:
"(3) ( a ) At the request of an applicant or of a person intending to apply for permission the Minister may, by order, having afforded the planning authority concerned an opportunity to furnish observations on the request, and where he is satisfied that exceptional circumstances so warrant, grant in respect of proposed development an exemption from a requirement of or under regulations under this section to prepare an environmental impact statement.
( b ) The Minister in granting an exemption under paragraph (a) of this subsection may, by order, apply such requirements (being requirements additional to those provided for in regulations under this section) in relation to the application for permission as he considers necessary or appropriate.
( c ) The Minister shall, as soon as may be, notify the planning authority concerned of his decision on any request made to him under paragraph (a) of this subsection, and of any requirements applied under paragraph (b) of this subsection.
( d ) Notice of any exemption granted under paragraph (a) of this subsection, of the reasons for granting it and of any requirements applied under paragraph (b) of this subsection shall be published in the Iris Oifigiúil and in at least one daily newspaper published in the State.
(4) ( a ) A person who makes a request to the Minister for an exemption under subsection (3) of this section shall, as soon as may be, inform the planning authority concerned of the making of the request and the date on which it was made.
( b ) Notwithstanding subsection (4) of section 26 of this Act, the appropriate period referred to in that subsection shall not, in a case in which a request is made to the Minister under subsection (3) of this section, include the period beginning on the day of the making of the request and ending on the day of receipt by the planning authority concerned of notice of the Minister's decision on the request.".
	8 Amendment of section 26 of Act of 1963.	8. Section 26 of the Act of 1963 is hereby amended by:—
( a ) the insertion after subsection (1) of the following subsection:
"(1A) Without prejudice to subsection (1) of this section, a planning authority shall, in dealing with an application for permission for the development of land in respect of which an environmental impact statement was submitted to them in accordance with a requirement of or under regulations under section 25 (as amended by the European Communities (Environmental Impact Assessment) Regulations, 1989) of this Act, have regard to that statement and to—
( a ) any supplementary information relating to the statement furnished to them by the applicant in accordance with regulations under that section,
( b ) any submissions or observations concerning the effects on the environment of the proposed development made to them by persons other than the applicant in accordance with regulations under that section, and
( c ) where appropriate, the views of other Member States of the European Communities in relation to the effects on the environment of the proposed development.";
( b ) the insertion...